Advice needed please

michelle21

michelle21

In the booklet it says universal credit but I also got it in my income support. 

poppy123456

michelle21 said:

My income support had an extra amount because I am caring (carer) for our son but because mine & husbands income support has now been stopped. This has also been stopped. Do I need to inform our sons esa about this?
im worried they will ask why has my income support been stopped & then say our son is not entitled to his.

No, you do not need to inform your son's ESA that your Income Support has stopped because he's the claimant of the ESA claim and not you. Your benefits have nothing to do with your son's ESA. 

They will not ask why your Income Support has stopped because it's irrelevant. 

The link you posted isn't relevant because the ESA claim isn't yours. You have no changes to report to ESA and there's nothing to worry about. 

JonnycJonny

Your inheritance has no impact whatsoever on your son's ESA benefit. 

Forgive me but just imagine you and your son are 'unrelated'  when it comes to his ESA claim

There's nothing more anyone here can add other than ignore the CAB's misleading information.

Best wishes.

michelle21

I understand what everyone is saying but that about if anybody stops getting the extra amount for looking after someone in income support or universal credit has to inform esa. I do not understand why I would not need to inform our sons esa when it is in the booklet

JonnycJonny

Refer yourself again to Poppy's thorough explanations above - you and your son are separate households in the eyes of the DWP - 'unrelated' as I have put it. From what you have posted here, there are no changes to report.

Best wishes 

Adrian_Scope

Hello @michelle21. 
I hope you're doing well? I can only echo what others have said here. For ESA, household income and savings typically refer to those of a partner or spouse. As you are not considered part of your son's household for ESA purposes, your inheritance should not affect his benefits.

michelle21 said:

I understand what everyone is saying but that about if anybody stops getting the extra amount for looking after someone in income support or universal credit has to inform esa. I do not understand why I would not need to inform our sons esa when it is in the booklet

This is because if your son lived alone or only with people who claimed certain benefits, and no one claimed carer’s allowance or carer element for him, he may be entitled to SDP with his ESA. It’s not relevant to your question about inheritance. 

poppy123456

Regarding the SDP even if your carers allowance stopped (it shouldn't because savings do not affect it) he would only be entitled to the SDP if he lives alone or treated as living alone. If he lives with you then he won't be entitled unless you and your partner are either registered blind or claim a qualifying disability benefit yourselves. 

michelle21

It is all very confusing and esa needs to simplify everything. CAB said the household applies to everyone living in the house, which I also presumed it meant as well. More worried that if I do not contact and I end up having to pay back overpayment and be fined

poppy123456

I really don't know what it will take for you to believe the advice we've given here after myself and 4 other people have all given you exactly the same advice. 

You do not need to report the changes because there's no changes to report. You won't have any overpayment or any fine because the inheritance is yours not your son's. 

Please remember that although you are his appointee, you are not the claimant, your son is. 

The advice about households that you were given here not only applies to ESA it applies to all other means tested benefits too. (with the exception of housing benefit and housing element of UC if there's non dependent deductions)

michelle21

I understand about his claim is his. And yes my inheritance is mine not his.
I just don’t understand how the definition of household or anyone else living in the same house can be defined as separate. Even in the dictionary the definition of household is members of the same family living together. So when the booklet of changes to report says ‘tell us if you or anyone living with you’ that would surely mean mum and dad when living with parents. When I first put in the esa claim for our son, they put down on the form as me being head of the household. This is what is confusing me as your all saying the opposite. 

poppy123456

Members of the household for benefits purposes are completely different to what the "definition" is.

Put it another way, when you were claiming Income Support, did this include money for your son or did you have a deduction in that because your son is claiming ESA? Of course you didn't and it would be ridiculous if you did. 

The same applies when members of some family work, such as adult children or even parents, their income will not affect anyone else's claim, unless it's a partner they live with. 

We are all saying the opposite because what you and citizens advice have said or think is wrong. You've agreed that the money is yours and not your son's, therefore, there's no affect on his ESA because he's not part of your household for benefits purposes. 

This is my last comment here because I feel we are continuing to go round in circles. If you think we are all wrong here then you should report the changes but you'll soon see that the advice you've been given here is correct and you and CA are incorrect. 

When you put your information down in the form you filled in this would have been related to Severe disability Premium, which Adrian advised above.

michelle21

Thank you for explaining the definitions to me. I really do not doubt you or anyone else. 

chiarieds

It's sad to say that even the government's website can get things wrong, & I remember this definition of 'household' has come up on Scope before in regard to ESA, & both poppy & I reported the 'inaccuracy' on the government's website not that long ago. This hasn't as yet been rectified (or I'd have given a link), so it's no wonder that printed booklets will have fallen even further behind.

Believe you me, I feel that semantics is so important; my Mum used to always say, 'get the dictionary out,' rather than simply explaining to me, which she could have easily done, so I still feel looking at how a word is 'usually' used, & the meaning remains important.

The definition of a word may differ depending on the context in which it's used, & this is one of them, as poppy & Adrian have both said, as well as JonnycJonny; I think it will be a long while before English dictionaries will include 'household' meaning something different as far as benefits go! Everyone has done their best to explain, so hope this has reassured.

Edit to add: I've also known the NHS website to get some things wrong, so this isn't an isolated incident.

carbow32

Say two people lived in a shared house renting a room each and they were both claiming benefits.  

If one of those people got left an inheritance would it effect the other persons claim.  The answer is no because they have separate claims.  Even though they live under one roof.

It is the same for you it is two separate claims under the same roof.